Although the transition to adulthood can be exciting, it can also be scary and confusing when trying to decide how to best support and protect your child. Once an individual turns 18, they become a legal adult. In Delaware, an adult is presumed to have the capacity and ability to make their own decisions. Parents are NOT guardians of their adult children unless the Chancery Court has appointed them as guardians after their child turns 18. 

Most often, parents and caregivers feel that they need to have complete guardianship of their adult child with an intellectual or developmental disability to keep them safe, but that is not the case.  There are many different alternatives to guardianship that are not as costly or restrictive available in Delaware. The information below should act as a guide for parents and caregivers in making the best decision for their family, it is not a one size fits all decision tool. 

Where to start?

The first step is to determine what the individual is able to do and understand.  The abilities that are relevant to a person’s capacity to make reasoned decisions regarding treatment are: the ability to evidence a choice; the ability to understand relevant information; the ability to appreciate the situation and its likely consequences; and the ability to manipulate information rationally.  For example, Can the individual make their own decisions? Does the individual have a basic understanding of simple documents? Are these abilities increased with supports?

A helpful to assist with this is the Spectrum of Capacity in Decision Making:   

Once the degree of support needed is identified there are a variety of options are available: 

When an individual has the capacity to make decisions, or execute documents, they might benefit from:

• Supported Decision Making
• Representative/Substitute Payee
• Case/Care management systems (Support)
• Release forms (For gathering information) 
• Durable Power of Attorney / Immediate effect

When an individual has a significant impairment in capacity or lacks decision-making capacity, they might benefit from:

• Surrogate Decision Making
• Advanced Health Care Directive/Agent
• Durable Power of Attorney/Effective upon disability (for when guardianship may not be an option)
• Guardianship